Judiciary UP

▪️आप सभी को गणतंत्र दिवस की शुभकामनाएँ 🙏🌼🪸💐🇮🇳🇮🇳🇮🇳

▪️यौन उत्पीड़न केस में पीड़िता को शारीरिक चोट लगना महत्वपूर्ण नहीं: सुप्रीम कोर्ट

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#Motivation
Good Morning 🌸🌺🪸

▪️आरओ/एआरओ प्रारंभिक परीक्षा भी एक दिन में कराने की तैयारी

#Evidence

◾️ Circumstantial Evidence : Evidence under Section 3 of the Indian Evidence Act, 1872 (IEA) is:

👉 All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;

👉 All documents including electronic records produced for the inspection of the Court, such documents are called documentary evidence.

👉 The definition of evidence can be found in Section 2 (e) of Bharatiya Sakshya Adhiniyam, 2023 (BSA).

👉 The BSA includes statements given electronically and the electronic or digital records within the ambit of evidence.

👉 Evidence in India is classified into two broad headers, Direct Evidence, and Indirect Evidence that is Circumstantial Evidence.

👉 Direct Evidence are those which conclusively proves the fact whereas Circumstantial Evidence are chain of circumstances used to prove a fact.
It marks its origin from the Roman system of law where it was used as a significant factor for the investigation of a case.

👉 It based on the principle that “Men may tell lies, but circumstances do not”.

👉 The five golden principles with regard to conviction based upon circumstantial evidence are very well crystalized in the case of Sharad Birdhichand Sarda v. State of Maharashtra (1984).

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▪️Justice DK Upadhyay appointed as Chief Justice of Delhi HC

▪️Best wishes to Justice K Vinod Chandran❤️

▪️प्रयागराज संगम स्टेशन पर आज से चार दिन यात्रियों के प्रवेश पर पाबंदी

🔻 Status of Hijab Wearing in India

▪️ Amna Bint Basheer v CBSE, 2016: In Amna Bint Basheer v CBSE, 2016, the Kerala HC ruled that wearing a hijab is an essential religious practice but upheld the CBSE dress code, allowing additional measures and safeguards as in 2015.

👉 The Central Board of School Education (CBSE) argued that the dress code was to prevent unfair practices.

▪️ Kerala High Court, 2018: In Fathima Thasneem v State of Kerala, 2019, the case involved two girls who wanted to wear the headscarf and the Christian missionary school refused to allow the headscarf.

👉 The court ruled in favour of the school's decision, stating that the "collective rights" of the school must take precedence over individual student rights.

▪️ Resham v. State of Karnataka, 2022: Karnataka HC in March 2022, validated the state government's ban on hijabs in government colleges.

👉 HC upheld the ban stating that wearing a hijab did not qualify as an essential religious practice and the ban did not violate the Freedom of Speech and Expression.

▪️ Split Verdict by Supreme Court (SC), 2022. In Resham v. State of Karnataka, 2022 case 2-judge bench of SC delivered a split verdict. The case has now been referred to a larger bench of the SC.

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#Article

◾️ Constitutional Framework for Religious Freedom in India : The Indian Constitution guarantees the Right to Freedom of Religion under Articles 25-28, enshrined in Part III (Fundamental Rights):

▪️ Article 25(1): Ensures the "freedom of conscience and the right to freely profess, practice, and propagate religion," providing a negative liberty where the state cannot interfere with religious practices.

▪️ Article 26: Grants the "freedom to manage religious affairs," allowing religious denominations to establish and manage institutions for religious and charitable purposes, subject to public order, morality, and health.

▪️ Article 27: Prohibits the state from compelling citizens to pay taxes for promoting or maintaining any particular religion, reinforcing the principle of secularism.

▪️Article 28: Regulates religious instruction in educational institutions, restricting religious instruction in state-funded or state-recognized institutions, except where explicitly permitted.

👉 Additionally, Articles 29 and 30 safeguard the cultural and educational rights of minorities, emphasizing the protection of their unique identities.

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#Motivation
🍀🍀🍀
Good Morning 🌺🌸🌼

◾️ Non-compoundable Offences:

👉 Non-compoundable Offences are those where compromise between parties is not legally permitted as these are considered serious crimes against society at large.

👉 Examples include murder (Section 302 IPC), grievous hurt (Section 326 IPC), rape (Section 376 IPC), and kidnapping (Section 363 IPC).

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◾️ Compoundable Offences:

▪️ Compoundable Offences are those where the victim and the accused can mutually settle their dispute outside the court, with the court's permission, leading to the withdrawal of the criminal case .

👉 Examples include simple hurt (Section 323 IPC), criminal breach of trust (Section 406 IPC), and defamation (Section 500 IPC).

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▪️पुलिस रेडियो ऑपरेटर की भर्ती प्रक्रिया हाईकोर्ट ने की रद्द

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▪️Murder accused bail plea pending in Hac for 4 years SC shocked

▪️Allahabad High Court stays court proceedings over Sambhal mosque till Feb 25

▪️As Justice Yadav digs in heels, CJI asks Allahabad HC for a fresh report

#Doctrine

◾️ Doctrine of Relation Back : As per the black’s law dictionary the doctrine is defined as ‘a principle that an act done today is considered to have been done at an earlier time’.
It means an act done by a person in the present can be linked with the previous acts.

👉 The doctrine has different applicability with the different laws.

▪️Objective:

👉 The doctrine is useful for removing ambiguity at the time of delivery of justice.

👉 It helps to avoid limitations and restrictions in a case.

👉 It further reduces the chances of making mistakes.

👉 The doctrine of relation back is impliedly given under Order VI Rule 17 of the Code of Civil Procedure. It provides that a court can allow a party to a suit to amend the pleadings at any time before the trial, if it is necessary to determine the issues between the parties.

👉 The application of the doctrine of relation back under the ICA can be found in the concept of ratification given under Section 196 of the ICA (Indian Contract Act).

👉 Section 21 of the Limitation Act, 1963 clearly provides that the substitution or addition of parties will be governed by the doctrine of relation back.

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#Bill

◾️ Private Members Bill: Private Members' Bills are proposed by MPs who are not Ministers (i.e., not part of the government), allowing them to introduce laws or amendments on issues important to their constituencies.

▪️Key Features: Only non-government MPs can introduce these bills, offering a chance for Independent legislative proposals.

👉 MPs can also introduce resolutions to call attention to specific matters.

🔻Procedure:

▪️Drafting and Notice: MPs draft and submit bills with at least one month's notice.

▪️Introduction: Bills are introduced in Parliament, followed by initial discussions.

▪️Debate: If selected, bills are debated, typically in limited Friday afternoon sessions.

▪️Decision: Bills may be withdrawn or proceed to a vote.

▪️ Significance: These bills provide a platform for MPs to express themselves without party pressure, often on crucial or controversial matters.

👉 A historical example is the bill introduced by H.V. Kamath in 1966 after the death of Prime Minister Lal Bahadur Shastri, seeking to amend the Constitution to make only Lok Sabha members eligible for the post of Prime Minister.

👉 Only 14 Private Members' Bills have been passed since independence, and none have passed since 1970.

👉 The Rights of Transgender Persons Bill, 2014, became the first private member's bill approved by the Rajya Sabha in 45 years but lapsed without reaching the Lok Sabha.

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▪️Recipients of National Sports Awards 2024

#Motivation
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Every morning we are born again. What we do today is what matters most.

हर सुबह हम पुनः जन्म लेते हैं. हम आज क्या करते हैं यही सबसे अधिक मायने रखता है

Good Morning 🌸🌺🌼

▪️ Though Right to Property is no more a fundamental right, it is a constitutional right. A person cannot be deprived of his property without him being paid adequate compensation in accordance with law for the same.

Case: Bernard Francis Joseph Vaz vs Government Of Karnataka 2025

▪️No one can be deprived of property without adequate compensation: SC

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#Motivation
🍀🍀🍀
Do not dwell in the past, do not dream of the future, concentrate the mind on the present moment.

" अतीत पे ध्यान मत दो, भविष्य के बारे में मत सोचो, अपने मन को वर्तमान क्षण पे केन्द्रित करो "

Good Morning 🌸🌼🪸

सोलह माह बाद भी जारी नहीं हो सका पीसीएस-जे का कटऑफ

मुख्य परीक्षा में शामिल 3019 अभ्यर्थियों में से केवल 23 के प्राप्तांक हुए जारी

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जजों के रिश्तेदारों को नियुक्त नहीं करने के 'प्रस्ताव' का समर्थन

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◾️ Conjugal Visits: Conjugal visits are also referred to as ‘private family visiting’.

👉 These involve allowing prisoners to spend private time with their legal partner or spouses, including intimate relations, within the confines of a prison.

👉 Conjugal visits often serve as an effective instrument of rehabilitation as they focus on the long-term recovery of the inmates.

👉 Conjugal visits carry psychological health benefits as they provide a platform to build and sustain meaningful relationships between inmates and their families.

👉 They contribute to the preservation of marital ties by allowing inmates and their spouses to maintain their roles as husband and wife.

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▪️ Writ of prohibition: It simply means ‘to stop’.

👉 This writ is issued against the inferior court (i.e., subordinate courts, tribunals, quasi-judicial bodies) by the Higher Courts.

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#Motivation
☘☘☘
Good Morning 🌼🌸🪸

#NewYear2025

Tonight as the clock strikes 12 We will greet family and friends.

Begin with greeting Yourself "Happy New Year to Me."

Anyone I need to Forgive?

Any hurt I need to Release?

They did what was right for them, I created the hurt and held on to it.

Past is Past ... It's Over ... I LET GO.

#NewYear
Happy new year to all ❤️

When 2024 ends today and 2025 begins tomorrow, let's remember this...

#Writ

◾️ Writ of Certiorari: It is a Latin phrase that means ‘to be informed.’

👉 It is a command or order issued by the Higher Court to the inferior court.

👉 It is issued when the inferior courts violate the principles of natural justice.

👉 The Superior Court can quash the order given by the inferior court, if it finds any error.

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#Writ

◾️ Writ of Habeas Corpus:

👉 It is a Latin phrase which means ‘to have a body or to produce a body’.

👉 This is the most often used writ.

👉 When a person is wrongfully held by the government, that person, or his family or friends, can file a writ of Habeas Corpus to have that person released.

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#Constitution

📕Article 226 of the Constitution Of India

▪️Article 226 is enshrined under Part V of the Constitution which puts power in the hands of the High Court to issue the writs.

▪️ Article 226(1) of the Constitution Of India states that every High Court shall have powers to issue orders or writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to any person or any government for the enforcement of fundamental rights and other purpose.

▪️ Article 226(2) states that the High Court has the power to issue writs or orders to any person, government, or authority -

👉 Located within its jurisdiction or
Outside its local jurisdiction if the circumstances of the cause of action arises either wholly or partly within its territorial jurisdiction.

▪️ Article 226(3) states that when an interim order is passed by a High Court by way of injunction, stay, or by other means against a party then that party may apply to the court for the vacation of such an order and such an application should be disposed of by the court within the period of two weeks.

▪️ Article 226(4) says that the power granted by this article to a high court should not diminish the authority granted to the Supreme Court by Clause (2) of Article 32.

👉 This Article can be issued against any person or authority, including the government.

👉 This is merely a constitutional right and not a fundamental right and cannot be suspended even during an emergency.

👉 Article 226 is of mandatory nature in case of fundamental rights and discretionary nature when it is issued for “any other purpose”.

👉 It enforces not only fundamental rights, but also other legal rights.

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#Constitution

◾️ Doctrine of Equality : Article 14 of the Constitution of India, 1950 (COI) affirms the fundamental right of “equality before the law” and “equal protection of law” to all persons.

👉 The first expression “equality before law” is of England origin and the second expression “equal protection of law” has been taken from the American Constitution.

👉 Equality is a cardinal principle enshrined in the Preamble of the Constitution of India as its primary objective.

👉 It is a system of treating all human beings with fairness and impartiality.

👉 It also establishes a system of non-discrimination based on grounds mentioned in Article 15 of the Constitution Of India.

👉 The purpose of Article 14 of the Constitution Of India is to give similar treatment to similarly circumstanced persons, both in privileges conferred and liabilities imposed.

👉 Classification must not be arbitrary but must be rational.

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#Motivation
☘☘☘
Good Morning 🌺🌸🌼

#DHJ
Delhi Higher Judicial Service Examination 2024

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#RIP

◾️ अलविदा मनमोहन सिंह जी

▪️जन्म: 26.09.1932 अविभाजित भारत(अब पाकिस्तान) के पंजाब प्रांत के नाह गांव में
■ पत्नीः गुरुशरण कौर

◾️शिक्षा: पंजाब विश्वविधालय से अर्थशास्त्र में बीए और एमए में टॉप किया। इसके बाद उच्च शिक्षा के लिए कैंब्रिज गए।ऑक्सफोर्ड से डी फिल की उपाधि ली।

🔻 सम्मान

■ 1987 में देश का दूसरा सर्वोच्च नागरिक सम्मान पद्म विभूषण
■1993 में वित्त मंत्री के लिए यूरो मनी अवार्ड
■1993 और 1994 में वित्त मंत्री के लिए एशिया मनी अवार्ड
▪️1995 में भारतीय विज्ञान कांग्रेस का जवाहरलाल नेहरू जन्म शताब्दी पुरस्कार

◾️पंजाब यूनिवर्सिटी और दिल्ली स्कूल इकोनॉमिक्स डीयू में अध्यापन किया।

🔻राजनीतिक सफर

■1991 में पहली बार राज्य सभा पहुचे
■1991 से 1996 के बीच भारत के वित्त मंत्री रहे।
■ 22 मई 2004 को 14वें प्रधानमंत्री बने

👉 वर्ष 2004 से 2014 तक देश के 14 और 15वें प्रधानमंत्री रहे
👉 पांच बार उच्च सदन में असम और 2019 में राजस्थान का प्रतिनिधित्व किया।

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#Motivation
☘☘☘
Good Morning 🌺🌼🌻

अभ्यर्थियों ने उठाया था सवाल... आयोग खुद दोषी अपने ही लोगों से कैसे करा सकता है अपनी जांच
🎗 @JudiciaryUP🎗

▪️पीसीएस-जे 2022 परीक्षा में गड़बड़ी की जांच न्यायिक आयोग के हवाले 🎗@JudiciaryUP 🎗

#Motivation
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Good Morning 🌻🌸💐

#Constitution

◼️ Article 217 : Appointment and conditions of the office of a Judge of a High Court

(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal, and shall hold office, in
the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains
the age of sixty-two years:

▪️ Provided that—

(a) a Judge may, by writing under his hand addressed to the President, resign his office;

(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;

(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.

(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—

(a) has for at least ten years held a judicial office in the territory of India; or

(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;

▪️Explanation.—For the purposes of this clause—

(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;

(aa) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate;

(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.

(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.

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#Appointment

▪️Centre has also notified the appointment of Justice G. Narendar as chief justice of the Uttarakhand High Court.

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#Appointment

▪️P&H High Court’s Justice Gurmeet Singh Sandhawalia appointed as Chief Justice of the Himachal Pradesh HC.

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#ChattisgarhJudiciary

छत्तीसगढ़ लोक सेवा आयोग

व्यवहार न्यायाधीश (कनिष्ठ श्रेणी) परीक्षा-2024

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#Motivation
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Good Morning 🌸🌻💐

▪️ AIBE परीक्षा दिनांक 22/12/2024 मे सम्मलित होने जा रहे अभ्यर्थियों (अधिवक्ताओं) को मेरी ओर से हार्दिक शुभकामनाएं, सभी अभ्यर्थियों/अधिवक्ताओं को परीक्षा में सफल होने की कामना करता हूँ💐🌸💐🌻

#Motivation
☘☘☘
Good Morning 🌞

#BNS

◾️ Section 152 : Acts endangering sovereignty unity and integrity of India.

👉 Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.

Explanation: Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.

Section 152 of BNS significantly increases the potential punishment for acts previously categorized under sedition (Section 124 A).

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FIR for promoting enmity

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◾️ SC upholds UP madarsa Act, strikes down provisions on higher degrees

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▪️ Decades of dispute later, SC: Not all pvt property can be taken over by state for 'common good'

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आप सभी की दीपावली जगमग हो!

दीपावली का यह पवित्र पर्व सभी के जीवन में सुख और समृद्धि लाए, सभी के उत्तम स्वास्थ्य की कामना करता हूँ।

दीपोत्सव की हार्दिक शुभकामनाएं।🪔🪔🪔

◾️ Money Bills & Financial Bills

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#Bills

◾️ Classification: The bills introduced in the Parliament can be classified into four categories:

▪️ Ordinary bills: concerned with any matter other than financial subjects.

▪️ Money bills: concerned with financial matters like taxation, public expenditure, etc.

▪️ Financial bills: concerned with financial matters (but are different from money bills).

▪️Constitution Amendment Bills: concerned with the amendment of the provisions of the Constitution.

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◾️ Types of Bills: Bills introduced in the Parliament are of two kinds; public bills (government bills) and private bills.

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राज्य विधिज्ञ परिषद ने इस घटना की जांच के लिए कमेटी बनाई है और घटना पर विरोध दर्ज कराई है।

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Lawyers clash with cops in Ghaziabad court

#Doctrine

◼️Important Case Laws of Doctrine of Pleasure

▪️ State of Bihar v. Abdul Majid (1954):

👉 The Supreme Court held that in relation to the Doctrine of Pleasure, the English Common Law has not been adopted in its entirety and with all its rigorous implications.

▪️Union of India v. Tulsiram Patel (1985):

👉 The Supreme Court held that the doctrine of pleasure was neither a relic of the feudal age nor was it based on any special prerogative of the British Crown but was based upon public policy.

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#Doctrine

◼️ Doctrine of Pleasure: The doctrine of Pleasure means that the Crown has the power to terminate the services of a civil servant at any time they want without giving any notice of termination to the servant and thus a civil servant holds office during the pleasure of the Crown.

👉 This doctrine is based on public policy.

▪️Constitutional Provisions

👉 Article 155 of the Constitution of India, 1950 (COI), the Governor of a State is appointed by the President and holds the office during the pleasure of the President.

👉 Article 310 of the Constitution Of India states that the civil servants (members of the Defence Services, Civil Services, All-India Services or persons holding military posts or civil posts under the Centre/State) hold office at the pleasure of the President or the Governor as the case may be.

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#Motivation
☘☘☘
It Doesn't Matter When You Start.
The most important Thing is to start now...

इससे कोई फर्क नहीं पड़ता कि आपने कब शुरू किया।
सबसे महत्वपूर्ण बात यह है कि अभी शुरुआत करें...!

Good Morning 🌸🌻💐

Good Morning 🌸🌺🌻

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▪️The Next in line to be chief Justice of India.

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Spain PM reaches today for inaugural of India's first pvt facility for military aircraft

#Motivation
☘☘☘
Everyone must choose one of two pains
The pain of discipline, or the pain of regret.

हर किसी को दो में से एक दर्द चुनना होगा
अनुशासन का दर्द, या पछतावे का दर्द

Good Morning 🌞🌻🌸

#CPC

▪️Holder of a Decree

👉 The term holder of a decree used in Order XXI Rule 10 of CPC is very wide and it not only encompasses decree holder but also considers the transferee of a decree and the legal representative of the decree-holder.

👉 It takes into consideration the parties other than whose name appears on the decree.

▪️Decree Holder: Section 2(3) of CPC defines the term decree holder.

👉 Decree holder means any person in whose favour a decree has been passed or an order capable of execution has been made.

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#Motivation
☘☘☘
To succeed in your mission, you must have single-minded devotion to your goal.

अपने मिशन में कामयाब होने के लिए, आपको अपने लक्ष्य के प्रति एकचित्त निष्ठावान होना पड़ेगा।

Good Morning 💐🌺🌻🌼🌸

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#LegalAid

◾️ Legal Provisions with Regard to Free Legal Aid

▪️ Article 39 A: Equal Justice and Free Legal Aid

👉 Free Legal Aid can be found in the Constitution under Part IV i.e. Directive Principles of State Policy (DPSP).

👉 This has been added by the 42nd Constitutional Amendment.

▪️ The Legal Services Authorities Act, 1987 (LSA Act)

👉 The legislation has been enacted to constitute legal services authorities to provide free and competent legal services to the weaker sections of society.

👉 The aim of the legislation is to ensure that opportunities for securing justice are not denied to any citizen by reason of any economic or other disabilities.

▪️ Section 341 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

👉 This provision under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for Legal aid to accused at the State expense in certain cases.

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Persons eligible for getting free Legal Aid

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History of Free Legal Aid in India

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